Introduction Notary Commissions Certifying or Attesting a Copy Notary Acknowledgment Notary Public Authentication SOS Website Valid Identification Notary Acknowledgment – Make sure party/parties are present with original document they are signing. Suggestion to use blue ink pen for all notary transactions – helps to identify it as the original.

Notary Public A person of integrity appointed by the Governor to serve the public as an impartial and unbiased witness. Notary Acknowledgment – Make sure party/parties are present with original document they are signing. Suggestion to use blue ink pen for all notary transactions – helps to identify it as the original.

To Obtain a New Commission The applicant must not have held a previous commission that has expired Complete and mail the Notary Application Pay the $40 non-refundable fee Be at least 18 years of age Be either a Minnesota resident or a resident of a county in Iowa, North Dakota, South Dakota or Wisconsin that shares a boundary with Minnesota. Notary Acknowledgment – Make sure party/parties are present with original document they are signing. Suggestion to use blue ink pen for all notary transactions – helps to identify it as the original. Note: New fee to SOS effective July 1, 2010 will be $120 – fee to county office for filing will be $20 (all county money)

Conflict of Interest. Family member, Spouse Conflict of Interest? Family member, Spouse? If there is monetary gain for the notary they should not notarize – example – property transfers. Birth record request or PNS – okay- if both parents are listed on the birth record, no conflict. Reject if Notary Stamp is not clear and legible.

2009 Minnesota Statutes Chapter 358. SEALS, OATHS, ACKNOWLEDGMENTS 358.41 Definitions 358.42 Notarial Acts 358.43 Notarial Acts in this State 358.48 Short Forms Short forms can be used to order pre-inked stamps from a vendor for simplicity

MN Statue Chapters 357.17 The maximum fees to be charged and collected by a notary public shall be as follows: (1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such bill; where protest is legally necessary, and copy thereof, $1; (2) for every other protest and copy, $1; (3) for making and serving every notice of nonpayment of note or nonacceptance of bill and copy thereof, $1; (4) for any affidavit or paper for which provision is not made herein, $1 per folio, and 20 cents per folio for copies; (5) for each oath administered, $1; (6) for acknowledgments of deeds and for other services authorized by law, the legal fees allowed other officers for like services; (7) for recording each instrument required by law to be recorded by the notary, $1 per folio. Conflict of Interest? Family member, Spouse? If there is monetary gain for the notary they should not notarize – example – property transfers. Birth record request or PNS – okay Reject if Notary Stamp is not clear and legible.

609.65 FALSE CERTIFICATION BY NOTARY PUBLIC Whoever, when acting or purporting to act as a notary public or other public officer, certifies falsely that an instrument has been acknowledged or that any other act was performed by a party appearing before the actor or that as such notary public or other public officer the actor performed any other official act may be sentenced as follows: (1) if the actor so certifies with intent to injure or defraud, to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both; or (2) in any other case, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both. Conflict of Interest? Family member, Spouse? If there is monetary gain for the notary they should not notarize – example – property transfers. Birth record request or PNS – okay Reject if Notary Stamp is not clear and legible.

Potential Situation/Scenario’s The Minnesota Department of Commerce is empowered to bring enforcement actions against Notaries. Following is a list of notary enforcement actions listed on the Department of Commerce website, Jan 2009-2010

Respondent notarized a document prior to being appointed as a notary, failed to verify accuracy of signatures, failed to record her signature, and failed to notify the Secretary of state of her address change. Respondent notarized a quit claim deed without verifying that the signatures of the individuals whose names appeared on the document were true and accurate. Respondent notary requested another notary to notarize a signature without witnessing the signing.

Respondent affixed his notary stamp and signature to a document without witnessing the document being signed or verifying the signature to be true and accurate. Respondent failed to update name and address; failed to notify Secretary of State of criminal charges and conviction. Respondent improperly notarized a document. Respondent charged notary fees greater then that allowed by law.

Respondent notarized documents after his commission expired. Respondent notarized documents with incorrect dates. Respondent acted as a notary without having a valid notary commission. Respondent failed to accurately complete the acknowledgement section of a modification of mortgage document by writing a name other then the name of the individual who Respondent was witnessing.

Respondent failed to accurately complete the acknowledgment sections on three modification of mortgage documents by failing to put a date in the acknowledgement section of those documents. Respondent affixed notary stamp and signature to the document without having actually witnessed anyone sign the document. Respondent notarized a document that contained a forged signature.

Respondent affixed her notary stamp and signature to a document that failed to include any signature or jurisdiction where notarization occurred. Respondent notarized numerous affidavits not signed in her presence.

Properly Notarized Document No white out or cross outs Notarized same day signed Requester signs same day as notary Valid Notary Commission Valid Notary Commission Stamp Document Filled out completely Audit function for mail - Request that they use a self addressed envelope to expedite return to customer. Reduces errors and cost. Make sure your web sites are current.

T This was my county attorney's recommendations several years ago and is unique to our market area. Feel free to use it as a guide or create your own for staff as a reference.

Valid Identification DRIVER LICENSE STATE ID INSTRUCTION PERMIT GOVERNMENT WORK ID PASSPORT US VAL UNEXP ACTIVE/RET MIL ID PASSPORT FOREIGN VAL UNEXP W/ I-94 OR I-551 CANADIAN BC/NATURALIZATION AND UNEXP 1-94 EMPLOY AUTHORIZATION I-688 OR I-766 PERM RESIDENT/RES ALIEN I-551 OR 1-151 RE-ENTRY/REFUGEE TRAVEL DOC 1-327 OR I-571 CERTIFICATE OF NATURALIZATION CERTIFICATE OF CITIZENSHIP US CITIZEN ID CARD I-179 OR 1-197 NORTHERN MARIANA CARD I-873 AMERICAN INDIAN CARD I-872 PERSONAL RECOGNITION BY DEPUTY CURRENT DOD ID CARDS DD-1173 OR DD-214 GOVERNMENT EMPLOYEE PHOTO ID CURRENT FAA PILOT'S LICENSE Again, this was my county attorney's recommendations several years ago is unique to our market area. Feel free to use it as a guide or create your own for staff as a reference. Valid ID has the following features: Issue date Expiration date Photo of the individual Physical description of the individual Signature

Notary confirmation for MN is on SOS website. Can Verify Notaries from other states through hot link at SOS.

Log on to verify if a notary is valid and where commission is filed Log on to verify if a notary is valid and where commission is filed. Their signature should be on file with their resident county.

Membership to NNA is a great resource and includes email and paper newsletters as well as online training and additional resources.

The “Seal” is incorporated in the pre-inked stamp The “Seal” is incorporated in the pre-inked stamp. It has the MN state seal embedded in it. You should not be using an embossing seal. That type of seal is reserved for Government Agencies, Court systems etc. MACO committee members keep local registrars up to date with changes to the MN laws, pending legislation and field questions for them during regular business hours. County Recorder’s often check with committee members on notary questions when recording documents. Ex: out of state notarization by an Employee or Clerk of District Court.

http://www.nationalnotary.org/nnNow http://www.sos.state.mn.us https://notary.sos.state.mn.us http://www.state.mn.us/portal/mn/jsp/content.do?programid=536891197&id=-536882079&agency=Commerce Web Sites to Bookmark Market Assurance Division of Commerce Department is responsible for enforcement actions against notaries

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